Absolute vs. Relative Theories of Punishment: A Comparative Analysis
Absolute Theories of Punishment
Absolute theories focus on the penalty itself, rather than its aims. This model of justice, being absolute, does not consider the specific characteristics of each case. It upholds strict justice, hence its name.
Background
Religious Perspective
For example, the Bible mentions “an eye for an eye, tooth for a tooth.” Some interpretations of Islamic law prescribe cutting off a hand in the event of theft.
There is a perceived unity between crime and sin on one hand, and grief
Read MoreUnderstanding the Code of Criminal Procedure, 1973
The Code of Criminal Procedure, 1973
The Code of Criminal Procedure (CrPC) establishes the framework for apprehending criminals, investigating criminal cases, conducting trials in criminal courts, and imposing appropriate punishments on guilty individuals. It serves as an adjective law, but also encompasses substantive provisions (e.g., Chapters VIII, IX, X, and XI). Its primary objective is to provide a mechanism for determining guilt and administering punishment to offenders under substantive criminal
Read MoreCriminal Law: Defences, Mens Rea, and Case Analysis
NCRMD: Defence of Mental Disorder
The defence of mental disorder (NCRMD) applies to an accused who commits criminal acts but cannot be found criminally responsible because their mental processes were impaired. This means they are incapable of appreciating the nature and quality of a criminal act or omission, or of knowing that it is legally and morally wrong.
That said, the mere presence of a mental disorder does not determine the defence applicable. In establishing if the accused is not criminally
Read MoreCriminal Law vs. Criminology: Concepts and Applications
Lesson 1: Concept of Criminal Law vs. Criminology
Criminal Law: A set of rules that regulate certain conduct as a crime by applying a legal consequence.
- Concept: A set of rules that regulate certain conduct as a crime by applying a legal consequence.
- Method: Abstract. Inductive method of science policy.
- Object of study: Crime. The crime is understood as the violation of a penal norm. The existence of the crime is valued in the Penal Code.
- Offenders: The only interest shown to the particular offender
Criminal Law Defenses: Mens Rea, Capacity, and More
Criminal Law Defenses
Negation of Mens Rea
Negation of mens rea:
- We speak of the defense of accident in a case in which the conscious conduct of the accused constitutes the actus reus of the crime charged. The allegation always is that the accused did not intend to produce the prohibited consequences (an accused who has been negligent or subjectively reckless will not escape liability).
- Ignorance of fact is a defense if it results in the accused lacking the intention, subjective recklessness, or guilty
Beccaria’s Critique on Crime, Punishment, and Liberty
Beccaria on Arbitrary Infringement of Individual Liberties
Cesare Beccaria argues that individual liberties can be arbitrarily infringed upon by those acting on behalf of the law. He proposes that law should protect individual liberties by adhering to the following principles (Chapters II-V, XII, pp. 17-28, 46-47):
- Proportionality of Punishment: Punishment should be proportional to the crime committed. Beccaria states, “all punishments, which exceed the necessity of preserving this bond, are in their